Visa Refusal Appeals - Immigration Appeal Division (IAD)

If your immigration application has been refused, you may have the right to appeal to the Immigration Appeal Division (IAD). The IAD is an independent tribunal that hears appeals on various immigration matters, including family sponsorship refusals and some removal orders.

What Can Be Appealed to the IAD

Family Sponsorship Refusals

Spousal/common-law partner sponsorship
Parent/grandparent sponsorship
Dependent child sponsorship
Other family member sponsorship

Removal Orders

Some types of removal orders can be appealed
Appeals based on humanitarian grounds

Residency Obligation Appeals

Appeals for permanent residents who have been found to have failed residency obligations

Appeal Deadlines

Critical: Strict deadlines apply!

Sponsorship appeals: 30 days from receiving refusal
Removal order appeals: 30 days from receiving removal order
Residency appeals: 60 days from receiving decision

Missing the deadline can eliminate your right to appeal!

The Appeal Process

Step 1: File Notice of Appeal

Submit Notice of Appeal to IAD within deadline. Must include:

Copy of refusal decision
Grounds for appeal
Appellant information

Step 2: Receive Record from Minister

IRCC provides complete file to IAD and appellant, including:

All application documents
Reasons for refusal
Officer notes

Step 3: Disclosure

Exchange evidence between parties, including:

New evidence not previously submitted
Witness statements
Legal arguments

Step 4: Alternative Dispute Resolution (ADR)

Mediation attempt before hearing:

Scheduled for appropriate cases
Attempt to reach settlement
Can resolve appeal without full hearing

Step 5: Hearing

Formal hearing before IAD member:

Witness testimony
Document evidence
Legal arguments from both sides
Member questions

Step 6: Decision

IAD member issues written decision:

Appeal allowed (return to IRCC for re-determination)
Appeal dismissed (refusal stands)

Grounds for Appeal

Sponsorship Appeals

Relationship Issues:

Prove relationship is genuine
Provide additional relationship evidence
Address concerns about marriage fraud

Inadmissibility Issues:

Overcome criminal inadmissibility (rehabilitation)
Address medical inadmissibility
Resolve misrepresentation findings

Humanitarian and Compassionate Grounds:

Best interests of children
Hardship if appeal not allowed
Establishment in Canada

How We Can Help

Our IAD appeal services include:

✓ Appeal Assessment - Evaluate strength of your case ✓ Notice of Appeal Filing - Ensure timely submission ✓ Evidence Gathering - Collect compelling new evidence ✓ Legal Arguments - Develop winning legal strategies ✓ ADR Representation - Represent you in mediation ✓ Hearing Preparation - Prepare you and witnesses ✓ Hearing Representation - Full representation at IAD ✓ Settlement Negotiations - Work toward favorable settlements

Success Factors in Appeals

Strong appeals typically have:

Clear error in original decision
New compelling evidence
Strong humanitarian factors
Genuine relationship (for sponsorship)
Evidence of rehabilitation (for criminal issues)

After the Appeal

If Appeal is Allowed:

Application returned to IRCC
Usually approved at this stage
Processing continues to permanent residence

If Appeal is Dismissed:

Can apply for judicial review at Federal Court
Must show error in IAD decision
Strict time limits apply (15-60 days)

Document Checklist for Appeals

Refusal letter and reasons
Complete IRCC file (GCMS notes)
New relationship evidence (if applicable)
Rehabilitation evidence (if applicable)
Updated financial documents
Character references
Medical documentation (if applicable)
Country condition reports (if applicable)